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03-06-2018, 07:28 AM #1
Federal judge in Maryland rules Trump had the right to end DACA in win for administra
Federal judge in Maryland rules Trump had the right to end DACA in win for administration
by Anna Giaritelli
Mar 5, 2018, 11:02 PM
A federal judge in Maryland has sided with the Trump administration over a lawsuit challenging the Justice Department's ability to rescind the Deferred Action for Childhood Arrivals program.
Judge Roger W. Titus, a Bush appointee, ruled late Monday President Trump acted within his authority in his plan to rescind an executive order former President Barack Obama announced in 2012 as a way to protect illegal immigrants who were brought to the United States as minors. Trump ended the order over a period of six months until Congress could legislatively solve the problem.
"This decision took control of a pell-mell situation and provided Congress — the branch of government charged with determining immigration policy — an opportunity to remedy it. Given the reasonable belief that DACA was unlawful, the decision to wind down DACA in an orderly manner was rational," Titus wrote.
"As disheartening or inappropriate as the president’s occasionally disparaging remarks may be, they are not relevant to the larger issues governing the DACA rescission. The DACA Rescission Memo is clear as to its purpose and reasoning, and its decision is rationally supported by the administrative record," the judge added.
While a major win for the Trump administration, the decision does not affect the current status of DACA. The program is still in place because other courts have handed down injunctions mandating the program continue while legal challenges to Trump's decision to end the program continue. The administration originally set a March 5 deadline for the end of DACA.
Current recipients are able to apply for renewal while the cases are pending, but no new illegal immigrants who would otherwise be covered by the program can apply.
A Justice Department spokesman praised the judge's decision.
"The Department of Justice has long maintained that DHS acted within its lawful authority in making the discretionary decision to wind down DACA in an orderly manner, and we welcome the good news today that the district court in Maryland strongly agrees," DOJ spokesman Devin O'Malley said in a statement.
The lawsuit filed in Maryland is just one of a handful that opponents have submitted following Attorney General Jeff Sessions' September announcement that the Obama-era program would conclude in six months.
Two cases — one in the 9th Circuit Court of Appeals in California and another in the Eastern District of New York — have both received preliminary injunctions, which mandated the Department of Homeland Security's U.S. Citizenship and Immigration Services agency continue to accept renewal applications from 689,000 DACA recipients while the issue is decided by the courts.
The Maryland judge slammed his colleagues decisions to prevent DACA from ending and said they had chosen to push their own political beliefs instead of accepting the administration's decision.
O'Malley praised the Maryland court and said the judge pointed out a deeper issue affecting federal courts nationwide.
"Today’s decision also highlights a serious problem with the disturbing growth in the use of nationwide injunctions, which causes the Maryland court’s correct judgment in favor of the government to be undermined by the over-broad injunctions that have been entered by courts in other states," O'Malley said.
Titus also praised the Trump administration's strategy to wind the program down over the course of half a year instead of doing so in a shorter period.
Trump has taken issue with previous unrelated court decisions, including the administration's travel bans, alleging the judges ruled against him for political reasons.
The Maryland judge's decision is expected to give the Department of Justice more support in its appeals that the administration was justified in ending DACA.
http://www.washingtonexaminer.com/fe...rticle/2650773A Nation Without Borders Is Not A Nation - Ronald Reagan
Save America, Deport Congress! - Judy
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03-06-2018, 08:18 AM #2
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OK, Trump, end this mess!
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03-06-2018, 08:22 AM #3
Well, unfortunately, this one judge's ruling won't end it. There are two other judges who have continued DACA. DOJ will have to argue them on appeals, then take one of them or both to the US Supreme Court. But everyone knew this would happen on the DACA 2012 program, because it was already an implemented program which creates enough issues to support a cause for lawsuits. The opposition has been ready for this since Trump won the election.
A Nation Without Borders Is Not A Nation - Ronald Reagan
Save America, Deport Congress! - Judy
Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at https://eepurl.com/cktGTn
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03-06-2018, 08:32 AM #4
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03-06-2018, 08:41 AM #5
There is someone, dear Boomslang. His name is Donald J Trump.
A Nation Without Borders Is Not A Nation - Ronald Reagan
Save America, Deport Congress! - Judy
Support our FIGHT AGAINST illegal immigration & Amnesty by joining our E-mail Alerts at https://eepurl.com/cktGTn
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03-06-2018, 08:44 AM #6
THANK YOU MARYLAND!
NOW WHERE ARE THE TEXAS JUDGES AND ALL OTHER JUDGES ACROSS THIS GREAT NATION THAT WILL STAND WITH THE AMERICAN PEOPLE AND SHUT DOWN DACA!
NO AMNESTY
NO PATH TO STAY
NO EXTENSIONS OF WORK PERMITS
NO NEW APPLICATIONS
THEY ARE HERE ILLEGALLY WHETHER THEY CAME 30 YEARS AGO OR 30 SECONDS AGO. DEPORT THE WHOLE FAMILY!
WE ARE CATCHING PEOPLE THAT CAME HERE 40 YEARS AGO!!! GET THEM ALL OUT AND TURN THEM AWAY AT THE BORDER.
VOTE NO AMNESTY #8ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM
DO NOT REWARD THEM - DEPORT THEM ALL
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03-06-2018, 12:35 PM #7NO AMNESTY
Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.
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03-06-2018, 03:13 PM #8
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03-06-2018, 05:29 PM #9
Federal Judge Rules Trump DACA Program Elimination Appropriate and Authorized – Full Judicial Ruling…
March 5, 2018 by sundance
Federal judge Roger W Titus (Maryland) has ruled that President Trump acted appropriately and within his authority by announcing his intent to rescind the Obama-era executive order surrounding Deferred Action for Childhood Arrivals (DACA). However, the Judge Titus order does not stop the previous blocks by activist judges currently working through the courts.
Eventually the state challenges to the recension of DACA will work through the appellate courts and arrive at the Supreme Court. It is likely SCOTUS will take the same position on DACA as they did on DAPA; overrule the state challenges and determine the program unconstitutional.
In the interim, President Trump had requested that congress take up the DACA issue as part of their responsibility to put forth an immigration reform bill. Democrats have abandoned legislative efforts to assist those impacted by DACA, and have instead chosen to make DACA a political issue for the 2018 mid-term election.
MARYLAND – […] Judge Roger W. Titus, a Bush appointee, ruled late Monday President Trump acted within his authority in his plan to rescind an executive order former President Barack Obama announced in 2012 as a way to protect illegal immigrants who were brought to the United States as minors. Trump ended the order over a period of six months until Congress could legislatively solve the problem.
[…] While a major win for the Trump administration, the decision does not affect the current status of DACA. The program is still in place because other courts have handed down injunctions mandating the program continue while legal challenges to Trump’s decision to end the program continue. The administration originally set a March 5 deadline for the end of DACA.
Current recipients are able to apply for renewal while the cases are pending, but no new illegal immigrants who would otherwise be covered by the program can apply.
A Justice Department spokesman praised the judge’s decision.
“The Department of Justice has long maintained that DHS acted within its lawful authority in making the discretionary decision to wind down DACA in an orderly manner, and we welcome the good news today that the district court in Maryland strongly agrees,” DOJ spokesman Devin O’Malley said in a statement. (read more)
Here’s the ruling:
View this document on Scribd
.
Here’s the back-story to the parallel executive action around DAPA.
D.A.P.A or Deferred Action for Parents of Americans and Lawful Permanent Residents program – was the executive action Obama attempted in November of 2014 which was shut down by Federal Judge Andrew Hanen in February 2015 with the issuance of an emergency injunction.
- The DOJ appealed the Hanen injunction, on merit, to the 5th Circuit Court of Appeals and lost.
- The DOJ then appealed the Hanen injunction, on standing, to the 5th Circuit Court of Appeals, and lost again. (Full Backstory) <– Absolutely critical read to understand the scope of case – includes prior court rulings.
- The DOJ filed an appeal with the US Supreme Court.
- On January 19th, 2016 the U.S. Supreme Court agreed to hear the case.
- April 18th, 2016, the court heard oral arguments –full pdf transcript –
- June 24th, 2016 the Supreme Court Ruling was announced –full pdf ruling–
https://theconservativetreehouse.com...dicial-ruling/
Matthew 19:26
But Jesus beheld them, and said unto them, With men this is impossible; but with God all things are possible.
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